Terms and conditions of the online store

§ 1. Preliminary provisions

The online store available at the web address avpots.com is operated by the company:
DKM CONCEPT Sp. z o.o.
street Mazowiecka 11 lok. 49
00-052 Warsaw
NIP: 5252820225
These Regulations are addressed both to Consumers and Entrepreneurs using the services of the Store and define the rules applicable to the Online Store and the rules and procedures for concluding distance sales contracts with the Customer through the Store.

§ 2. Definitions and exclusions

Consumer – a natural person concluding a Contract with the Seller within the Shop, the subject of which is not directly related to the economic or professional activity of that person.
Seller – the company DKM CONCEPT Sp. z o.o., ul. Mazowiecka 11 lok. 49, 00-052 Warsaw, NIP: 5252820225.
Customer – any entity making purchases through the Store.
Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person, to which a separate law grants legal capacity, conducting business on its own behalf and using the services of the Store.
Store – online store operated by the Seller at the Internet address avpots.com.
Agreement concluded at a distance – an agreement concluded with the Customer within an organized system of concluding agreements at a distance (in the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement.
Regulations – these rules and regulations of the Store.
Order – the Customer’s statement of intent made via the Order Form and leading to the conclusion of a Sales Contract for a Product or Products with the Seller.
Account – customer’s account in the Store. It collects data provided by the Customer and information about Orders placed by the Customer in the Store.
Registration form – a form available in the Store that allows you to create an Account.
Order Form – an interactive form available in the Store, allowing you to place an Order, in particular by adding Products to the Cart, and to specify the terms of the Sales Agreement, including the method of delivery and payment.
Shopping Cart – an element of the Store’s software, where the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the number of products.
Product – a movable item/service available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.
Sales contract – a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store. The Contract of Sale is also understood to mean, depending on the characteristics of the Product, a contract for the provision of services and a contract for work.
Operator – the operator of payment cards is PayPro SA Clearing Agent, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the number KRS 0000347935, NIP: 7792369887, Regon: 301345068.

Products included in the Store do not constitute a commercial offer within the meaning of art. 66 § 1 of the Civil Code and other relevant legislation.

§ 3. Store Contact

Seller’s address: Wholesale Plants and Pots, ul. Lubomirskie 3d, 37-200 Przeworsk.
Seller’s email address: store @ avpots.com (no spaces).
Vendor’s phone number: 22 122 84 09.
Seller’s bank account number: 58 1020 4287 0000 2602 0170 0061.
The Customer may contact the Seller using the addresses and telephone numbers provided in this paragraph.
The customer can contact the Seller by phone from 9:00 am to 3:00 pm on weekdays.

§ 4. Technical requirements

In order to use the Store, including browsing the Store’s assortment and placing orders for Products, it is necessary:

A terminal device with access to the Internet and a web browser such as a personal computer, tablet, smartphone.
An active electronic mail (e-mail) account.
Cookies enabled.

§ 5. General information

To the fullest extent permitted by law, the Seller shall not be liable for interference, including interruptions in the operation of the Store caused by force majeure, unauthorized acts of third parties or incompatibility of the Internet Store with the technical infrastructure of the Customer.
Browsing the assortment of the Store does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions, or after providing the necessary personal and address data to enable the execution of the Order without creating an Account.
Prices in the Store are given in Polish zloty and are gross prices (including VAT).
The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transportation, delivery and postal charges). The customer is informed of the final amount to be paid on the Store’s website during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Contract.
When, reasonably judging, the nature of the subject matter of the Contract will not allow advance calculation of the final (final) price, the Seller will provide information on how the price will be calculated, as well as on transportation, delivery, postage and other costs.

§ 6. Creating an Account in the Store

In order to create an Account in the Store, you need to complete the Registration Form. It is necessary to provide identification data.
Creating an Account in the Store is free of charge.
Logging into the Account is done by entering the login and password established in the Registration Form.
The Customer has the opportunity to delete the Account at any time, without giving any reason and without incurring any fees for doing so, by sending an appropriate request to the Seller via e-mail or in writing to the addresses specified in § 3.

§ 7. Rules for placing an Order

In order to place an Order, you must:

Log in to the Store.
Select the Product or Products that are the subject of the Order, and then click the “Add to Cart” button.
Log in or use the option to place an Order without registration.
If you have chosen the option of placing an Order without registration – fill out the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order.
Click the “Order and pay” button and confirm the order by clicking the link sent in the email.
Select one of the available payment methods and pay for the order by the specified date, subject to § 8.3.

§ 8. Delivery and payment methods offered

The customer can use the following methods of delivery or pickup of the ordered Product:
1. postal delivery,
2. courier delivery,
3. personal collection available at the address: Lubomirskich 3d, 37-200 Przeworsk, only with the permission of the Seller.
The customer can use the following payment methods:
1. payment by bank transfer to the Seller’s account,
2. electronic payments,
3. cash on delivery payment,
4. payment by credit card.
Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.

§ 9. Performance of the Sales Contract

The conclusion of the Contract of Sale between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the order and its acceptance for execution is made by the Seller sending the customer an appropriate e-mail message to the customer’s e-mail address provided during the placement of the order. The confirmation message contains at least the Seller’s statements about receipt of the Order and its acceptance for execution, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the described e-mail message, the Contract of Sale between the Customer and the Seller is concluded.
If the customer chooses:
1. payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled,
2. cash on delivery payment on delivery The customer is required to make payment on delivery,
3. payment in cash upon personal collection of the shipment The customer is required to make payment upon receipt of the shipment.
If the Customer has chosen a method of delivery other than personal collection, the Product will be shipped by the Seller on the date indicated in its description (subject to Section 5 of this paragraph), in the manner selected by the Customer when placing the Order.
1. when ordering Products with different delivery dates, the delivery date is the longest date given,
2. in case of ordering Products with different delivery times, the Customer has the option of choosing to have the Products delivered in batches or to have all the Products delivered after the entire order has been completed.
The beginning of the period for delivery of the Product to the Customer is calculated as follows:
1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date the payment is credited to the Seller’s bank account,
2. If the Customer chooses cash on delivery payment method – from the date of conclusion of the Sales Agreement.
The beginning of the period when the Product is ready for collection by the Customer is calculated as follows:
1. if the Customer chooses personal collection, the Product will be ready for collection by the Customer on the date indicated by the Seller; the Customer will additionally be informed by the Seller about the readiness of the Product for collection in an appropriate e-mail sent to the Customer’s e-mail address provided during the placement of the Order,
2. in case of ordering Products with different dates of readiness for personal collection, the Customer has the option to collect the Products in batches (according to the date of their readiness for collection) or to collect all the Products after completing the entire order,
3. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date the amount is credited to the Seller’s bank account,
4. If the Customer chooses the method of cash on delivery in person – from the date of conclusion of the Sales Agreement.
Delivery of the Product takes place in Europe.
Delivery of the Product to the Customer is for a fee, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal charges) are indicated to the Customer during the Order placement process, including when the Customer expresses his/her will to be bound by the Sales Agreement.
Personal collection of the Product by the Customer is free of charge.

§ 10. Right of withdrawal

The customer may withdraw from the Sales Agreement within 14 days without giving any reason.
The time limit specified in Section 1 of this paragraph begins with the delivery of the Product to the Customer or a person other than the carrier designated by the Customer.
In the case of a Contract that includes multiple Products delivered separately, in batches or in parts, the term indicated in Section 1 of this paragraph shall run from the date of delivery of the last item, batch or part.
The customer may withdraw from the Contract by submitting a statement of withdrawal to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Customer to send a statement before the deadline.
Declaration of withdrawal from the Contract may be sent by traditional mail or electronically by sending to the e-mail address of the Seller or by submitting a statement on the Seller’s website – contact details of the Seller are specified in § 3. The statement can also be made on the form, the model of which is attached as Appendix 1 to these Regulations and the Appendix to the Law of May 30, 2014 on Consumer Rights, but it is not mandatory.
If the Customer sends the statement electronically, the Seller will immediately send the Customer confirmation of receipt of the statement of withdrawal to the e-mail address provided by the Customer.
Effects of withdrawal from the Agreement:
1. In the case of withdrawal from the Agreement concluded at a distance, the Agreement is considered not concluded,
2. In the event of withdrawal from the Contract, the Seller shall return to the Client immediately, no later than within 14 days from the date of receipt of the Client’s statement of withdrawal from the Contract, the amount corresponding to all payments made by the Client, including the cost of delivery of the item, except for additional costs resulting from the method of delivery chosen by the Client other than the cheapest ordinary method of delivery offered by the Seller.
The Seller will refund the payment using the same payment methods selected by the Customer in the original transaction, unless the Customer expressly agrees to a different solution that will not incur any costs for the Customer.
The seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return of that Product, whichever event occurs first.
The Customer should send back the Product to the Seller’s address given in these Terms and Conditions immediately, no later than within 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Customer sends back the Product before the expiration of 14 days.
The Customer shall bear the direct costs of returning the Product, as well as the costs of delivering the Product to the Seller if, due to its nature, the Product could not be returned by mail in the usual manner.
The Customer shall be liable only for the diminished value of the Product resulting from the use of the Product in a manner different from that necessary to ascertain the nature, characteristics and functioning of the Product.
If, due to the nature of the Product, it cannot be sent back in the usual way by mail, information about this, as well as the cost of returning the Product, will be provided by the Seller upon receipt of the statement of withdrawal.
The Customer’s right to withdraw from a contract concluded at a distance does not apply to the Contract:
1. in which the object of performance is a non-refabricated item, manufactured to the Customer’s specifications or used to meet his individual needs,
2. in which the object of the service is an item delivered in a sealed package, and after opening the package it cannot be returned for health or hygiene reasons, if the package was opened after delivery,
3. in which the object of performance is an item that is perishable or has a short shelf life,
4. for the provision of services, when the Seller has performed the service in full with the express consent of the Customer, and the latter was informed before the start of the service, that after the performance of the Seller will lose the right to withdraw from the Agreement,
5. when the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period,
6. when the subject of performance are things that, after delivery, due to their nature, become inseparable from other things.

§ 11. Complaint and warranty

The contract of sale includes new Products.
If a defect is found in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the Parties exclude liability under warranty.
Complaints should be submitted in writing or electronically to the Seller’s addresses given in these Regulations.
It is recommended to include in the complaint, among other things, a brief description of the defect, the circumstances (including the date) of its discovery, the data of the customer making the complaint and the customer’s request in connection with the defect of the goods.
The Seller will respond to the complaint request immediately, no later than within 14 days of its receipt, and if it does not do so within this period, it is considered that the Customer’s request was considered justified.
Goods returned under the complaint procedure should be sent to the address specified in § 3 of these Regulations.
There is a warranty on all products. The seller does not send a warranty card.

§ 12. Out-of-court ways of dealing with complaints and redress of grievances

Detailed information on the consumer’s ability to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection:
1. http://www.uokik.gov.pl/spory_konsumenckie.php,
2. http://www.uokik.gov.pl/sprawy_indywidualne.php,
3. http://www.uokik.gov.pl/wazne_adresy.php.
The consumer has the following examples of out-of-court means of complaint handling and redress:
1. The consumer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Law of December 15, 2000. On Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller,
2. The consumer is entitled to turn to the provincial inspector of the Commercial Inspection, according to Art. 36 of the Law of December 15, 2000. on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
3. A consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (among others, the Consumer Federation, the Association of Polish Consumers).

§ 13. Personal data in the Online Store

The administrator of Customers’ personal data collected through the Online Store is the Seller.
Customers’ personal data collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer agrees – also for marketing purposes.
Recipients of personal data of Customers of the Online Store may be:
1. in the case of a Customer who uses postal or courier delivery in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary delivering shipments on behalf of the Administrator,
2. in the case of a Customer who uses electronic or credit card payments in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the aforementioned payment methods in the Online Store.
The customer has the right to access and correct the content of his data.
Provision of personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary for the conclusion of the Sales Agreement results in the inability to conclude the Agreement.

§ 14. Final provisions

Contracts concluded through the Online Store are drawn up in the Polish language.
The seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in legislation, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of any change at least 7 days in advance.
In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; Law on Providing Electronic Services; Law on Consumer Rights, Law on Personal Data Protection.
The regulations were published on 04/03/2021.
The regulations were last updated on 29.01.2023.

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